This book covers wreck law as an integrated whole, going beyond the question of "removal" to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure.
The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actually used by the industry to remove wrecks, eg BIMCO’s Wreckstage 2010, Wreckhire 2010 and Wreckfixed 2010. It also covers the complex requirements concerning the disposal of wrecks, including the latest recycling regulations applicable in 2019.
The Law of Wreck will be of value to shipping industry professionals, insurers and legal practitioners, as well as academics and students of maritime law.
Table of Contents
Part I Wreck in National and International Law;
1 Introduction to Wreck Casualties
2. Wreck and the Maritime Commercial Adventure
3. Rights in Relation to Wreck
4. State Rights and Wreck
5. Law of the Sea and Wreck
6. Underwater Cultural Heritage
Part II Wreck Removal Convention 2007;
7. Wreck Removal Convention 2007: Creation
8. Wreck Removal Convention 2007: Scope
9. Wreck Removal Convention 2007: States’ Rights and Duties
10. Wreck Removal Convention 2007: Shipowners’ and Insurers’ Liabilities
11. National Wreck Removal Law and the MSA 1995 Part 9A
Part III Wreck Removal Contracts;
12. Transition To Wreck Removal: Salvage and SCOPIC
13. Wreck Removal Operations and Contracts
Part IV Wreck Disposal
14. Wreck Disposal
Nicholas Gaskell, University of Queensland, Australia.
Craig Forrest, University of Queensland, Australia.